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Accompanying the publication of this Notice to the Bar is a copy of the Supreme Court’s February 4, 2004 Order designating all pending and future litigation statewide seeking damages or other relief arising out of alleged environmental contamination in Monmouth County in connection with the former Long Branch Manufactured Gas Plant (“LBMGP”) as a mass tort and transferring all such cases to Bergen County for centralized management by the Hon. Charles J. Walsh. Also accompanying this Notice is a copy of Judge Walsh’s Case Management Order setting forth the details of the transfer. All questions relating to this matter should be directed to the Administrative Office of the Courts, Civil Practice Division, P. O. Box 981, Trenton, NJ 08625 (609-292-8470). Richard J. Williams, J.A.D. Administrative Director of the Courts Dated: February 23, 2004 SUPREME COURT OF NEW JERSEY Upon application made pursuant to Rule 4:38A and the Mass Tort Guidelines promulgated by Directive #11-03 in accordance with that Rule, it is hereby ORDERED that all pending and future actions seeking damages or other relief arising out of alleged environmental contamination in Monmouth County in connection with the former Long Branch Manufactured Gas Plant (“LBMGP”) are designated as a mass tort for centralized case management purposes; and It is FURTHER ORDERED that any and all such complaints that have been filed in the various counties and that are under or are awaiting case management and/or discovery shall be transferred from the county of venue to Superior Court, Law Division, Bergen County (Vicinage No. 2), and assigned for management purposes to the Honorable Charles Walsh; and It is FURTHER ORDERED that venue in all existing LBMGP cases is transferred to Bergen County; and that, pursuant to N.J. Const. (1947), Art. VI, sec. 2, par. 3, the provisions of Rule 4:3-2 governing venue in the Superior Court are supplemented and relaxed so that all future complaints seeking damages or other relief arising out of alleged environmental contamination in Monmouth County in connection with the LBMGP, no matter where they might be venued, shall be filed in Bergen County and assigned to Judge Walsh for management; and It is FURTHER ORDERED that Judge Walsh shall oversee all management and trial issues for such cases and may, in his discretion, return such cases to the original county of venue for disposition; and It is FURTHER ORDERED that no Special Master may be appointed in this litigation without the express approval of the Chief Justice. For the Court, Deborah T. Poritz Dated: February 4, 2004 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY IN RE LONG BRANCH MANUFACTURED GAS PLANT CASE NO. 268 CIVIL ACTION CASE MANAGEMENT ORDER NO. 1 THIS MATTER having been opened on the Court’s own motion and it appearing that all “LONG BRANCH MANUFACTURED GAS PLANT” cases are centralized for management in Bergen County by Order of the Supreme Court of New Jersey dated February 4, 2004 and it further appearing; THESE cases involve numerous claims that may merit special attention as complex litigation, Track IV: IT IS on this 13th day of February, 2004 ORDERED as follows: I. GENERAL APPLICABILITY: 1. This order applies to all “LONG BRANCH MANUFACTURED GAS PLANT” cases centralized for management in Bergen County and all those hereinafter filed or transferred to Bergen County pursuant to the Supreme Court Order of February 4, 2004. The cases are centralized to avoid duplication and to prevent conflicts. These actions are not consolidated. Each case will retain its own docket number. 2. The civil “Best Practices” system for Mass Tort Track IV will govern this case. 3. All orders by transferor courts imposing dates for pleading or discovery are vacated. 4. Orders and notices common to the entire litigation may be available on the Judiciary web page for Mass Tort Litigation, which may be accessed at www.judiciary.state.NJ.US/Mass-Tort/Index.htm. II. PRELIMINARY MATTERS 1. Each party shall preserve all documents and other records containing information potentially relevant to this litigation. Each party shall also preserve any physical evidence or potential evidence and shall not conduct any tests on physical evidence without notifying opposing counsel. Unless opposing counsel stipulates to the test, no test shall be conducted without obtaining the Court’s permission. 2. Computerized data shall not be erased under existing programs until: (a) Opposing counsel have been notified of all existing programs; and (b) Printouts of the date are preserved. III. ATTORNEYS 1. Counsel are expected to act in a courteous, professional manner during the conduct of this litigation. Each attorney should make a good faith effort to resolve disputes out of Court and in an expeditious manner. Counsel must attempt to resolve motions before any matter is submitted to the Court and must certify to that attempt. 2. Counsel for defendant shall provide to the Court, with copy to each plaintiff’s counsel, an official service list updated every thirty (30) days. The list must contain the case name, docket number and the date entered on the first page. For each party, counsel must be identified by name, firm name, address, telephone number, fax number, e-mail address. If the counsel has been admitted pro hac vice, the date of such admission shall be included. 3. Counsel lists are not to be appended to any Court submission. The counsel list shall be incorporated by reference on all certificates of service, all pleadings, all motions, all correspondence. The reference should be to all counsel on the list and identify by date the last official service list for the case. 4. Multiple Counsel: Where a party is represented by more than one (1) counsel of record, that party shall designate the name and address of the single counsel to be the recipient of all notices, communications and pleadings. 5. Pro hac Vice Admissions: (a) Pro hac vice admissions are limited to two (2) counsel per party in each case. (b) An attorney seeking to appear pro hac vice shall apply by formal notice of motion with supporting affidavit and proposed form of order, in compliance with R.1:21-2 of the Rules Governing the Courts of New Jersey. The moving papers must show compliance with the following: (1) Pro hac vice counsel may try the case but is not to be designated trial counsel. No proceedings shall be adjourned because pro hac vice counsel is not available. (2) All pleadings, motions and correspondence to the Court must be submitted by New Jersey counsel, unless the Court specially waives this provision to foster settlements. (3) Out-of-state attorneys representing plaintiffs must certify that all retainer agreements with clients in the subject litigation do not, and in the future will not, violate any of the contingency fee provisions found in the Rules Governing the Courts of New Jersey for the current year. (4) All out-of-state attorneys seeking admission to represent a corporate defendant must certify as to his or her prior involvement with that corporation or its related entities, including the capacity in which he or she was involved. Further, the attorney must include in the affidavit a statement of his or her good faith belief that he or she was not involved with policy of management decisions, which would require him or her to be called as a witness in any matter before the Court. (5) Counsel admitted pro hac vice shall be required to make annual payment to the Ethics Financial Committee and to the New Jersey Lawyers Fund for Client Protection. IV. CONFERENCE PROCEDURE 1. The Court may conduct, and the parties may request, periodic status and scheduling conference to assess the progress regarding the matters scheduled herein. Reasonable notice of all such conferences will be provided to all counsel of record. 2. Transcripts: All case management conferences or parts thereof may be transcribed by an official court reporter and by a reporter provided by a party. Any party desiring a transcript may order one directly from the reporter. In any proceeding that a transcript is ordered, counsel shall ensure that one (1) copy of the transcript is also sent to the Court. 3. Appearances: Counsel appearing at each case management conference must sign an attendance sheet, be familiar with the issues to be discussed and not schedule other matters for the date of the conference. 4. Compliance: All counsel are required to comply with the provisions of each case management order whether or not he or she was in attendance at the conference giving rise to the Order. V. MOTIONS 1. Filing Requirements: All motions are to be filed with the Mass Tort Team, Superior Court of New Jersey, Bergen County Courthouse, 10 Main Street, Room 113, Hackensack, New Jersey 07601. All motions papers must include a return date, scheduled for a regular motion Friday. Courtesy copies for the Judge are not required. 2. Any motion that is applicable to more than one (1) case shall be noted on the first page by listing each docket number or, if all, the notation “applicable to all cases”. 3. Any motion that is applicable to more than one party in a case shall be jointly filed by counsel. 4. Copies: Counsel shall file no more than one (1) original copy of each Notice of Motion, supporting documents and proposed form of Order or Recommendation with the Mass Tort Team, along with a self-addressed stamped envelope for the return of the signed Order or Recommendation. One (1) additional copy of these papers may be supplied if a request is made for a return of that copy marked “filed”. 5. Specific of proper forum: (a) A proposed form of Order shall be submitted for substantive motions and a proposed form of Recommendation shall be submitted for discovery motions. In both cases, a stamped self-addressed envelope must be included. 6. Captions: Captions on motions are the same as on pleadings and require the MT for Mass Tort after the docket number and the designation “In re Long Branch Manufactured Gas Plant.” 7. Substantive Motions: Conference with the Court is required before any motion related to substantive issues is filed. No summary judgment motions shall be filed before discovery is complete. All motions in limine, motions for Daubert, Perez or Lopez hearings shall be scheduled by the Court during pre-trial management conferences. 8. Oral Argument: (a) No oral argument shall be held for discovery motions unless granted by the Court in response to the request of a party. 9. All plaintiff and defense attorneys shall forthwith notify this Court in writing, as to any motions that are presently pending or have been heard including a summary of the motion, and disposition, if any, including the court’s order. Initial Case Conference: All counsel shall appear for an initial case management conference before The Honorable Charles J. Walsh, J.S.C. on March 19th, 2004, at 2:00 pm in Court Room 209, 10 Main Street, Hackensack, New Jersey. The parties, among other things, should be prepared to discuss the appointment of respective liaison counsel and the composition of various committees to expedite the progress of these cases including discovery and technology committees. HON. CHARLES J. WALSH, J.S.C. Filed: February 13, 2004

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